Im screwed

[GaryandSherry]

Here is the issue.  Yes I know I am a moron so help not critism would be nice.

 

My ex girlfriend of 3 years ago.  Put me on some benifit papers at work.   In order to get me off the papers she filed for a divorce.  She used the common law marriage of Colorado as the basis.  Now foolishly I called NSCIS and they said they do not recognize Common Law marriage.  Quite franly I forgot about the damm paperwork.   When I was in China I got married.  Come to find out the "divorce paperwork"  was not complete.  There is a waiting period.  So my family lawer said that my marriage is not VOID.  However it is voidable.  So it's up to USCIS as to weather I am married.  So Ihave to wait for a "rejection"  I am sure.  Should I file for the I-129 Fiance' Visa after the rejection?  I am going back in 62 days to spend my honeymoon in Beijing with my wife.  Should I just get remarried then?  Will the Chinese Government allow me to get married again?  I have just added 3-6 months to the Visa I am sure.  Help

233389[/snapback]

I don't want to make any assumptions here. Were the "divorce papers" you mention presented in China? Did you indicate that relationship was a marriage?

 

Specifically how do you see this biting you?

 

Anyway if you ARE married to two people, the resolution on the last case like this was to complete the US divorce, take new papers to China and get the effective date of the marriage in China adjusted. China considers the current marriage valid.

 

Again, be specific about just how you see this biting you.

233396[/snapback]

Ok I am losing it. I am sorry.

 

I went to us Consoluate and stated I was single. Common law there is no official statement saying "I am married" It's only after you get your final Decree that it's a marriage (this is from what I have gathered so far). I was told on the phone two different things. The final Decree from my Common law marriage was after my real marriage. I do not have any paperwork saying it will be reject but the cas eoffice said I was not free to marry. Ergo the marriage was not valid.

233406[/snapback]

I know people that lived together for 5 or 6 years and simply split up. No divorce. No marriage. I thought a common law marriage was not in effect until after 7 years, or is that just Florida law? Does Colorado have different laws?

[david_dawei]

Your saying as if they don't recognize the common law marriage but they recognize the final decree [of that common law marriage] as making you 'not free to marry' [for your second marriage in china] ??

[GaryandSherry]

Here is an interesting link defining a common law marriage.

 

http://www.ncsl.org/programs/cyf/commonlaw.htm

 

There is no such thing as common-law divorce. Quoted from the

above link.

Edited July 24, 2006 by GaryandSherry (see edit history)

[Guest pushbrk]

Here is the issue.  Yes I know I am a moron so help not critism would be nice.

 

My ex girlfriend of 3 years ago.  Put me on some benifit papers at work.   In order to get me off the papers she filed for a divorce.  She used the common law marriage of Colorado as the basis.  Now foolishly I called NSCIS and they said they do not recognize Common Law marriage.  Quite franly I forgot about the damm paperwork.   When I was in China I got married.  Come to find out the "divorce paperwork"  was not complete.  There is a waiting period.  So my family lawer said that my marriage is not VOID.  However it is voidable.  So it's up to USCIS as to weather I am married.  So Ihave to wait for a "rejection"  I am sure.  Should I file for the I-129 Fiance' Visa after the rejection?  I am going back in 62 days to spend my honeymoon in Beijing with my wife.  Should I just get remarried then?  Will the Chinese Government allow me to get married again?  I have just added 3-6 months to the Visa I am sure.  Help

233389[/snapback]

I don't want to make any assumptions here. Were the "divorce papers" you mention presented in China? Did you indicate that relationship was a marriage?

 

Specifically how do you see this biting you?

 

Anyway if you ARE married to two people, the resolution on the last case like this was to complete the US divorce, take new papers to China and get the effective date of the marriage in China adjusted. China considers the current marriage valid.

 

Again, be specific about just how you see this biting you.

233396[/snapback]

Ok I am losing it. I am sorry.

 

I went to us Consoluate and stated I was single. Common law there is no official statement saying "I am married" It's only after you get your final Decree that it's a marriage (this is from what I have gathered so far). I was told on the phone two different things. The final Decree from my Common law marriage was after my real marriage. I do not have any paperwork saying it will be reject but the cas eoffice said I was not free to marry. Ergo the marriage was not valid.

233406[/snapback]

Please relax and provide a detailed chronology of what you did and what you were told. There are several possible scenarios but you haven't provided enough information.

 

Specifically, when did you officially inform USCIS of the divorce decree in question? Why did you do so?

 

What have you been told by USCIS and when?

233410[/snapback]

Married on the 30th of May

final Decree is posted at the courts on 17 July.

 

Forgot this common law thing. It was just to remove me from her paperwork. I signed them and forgot. no court or anything.

 

NCIS first told me the do not recognize Common law last week. True but if you file divorce papers than they do?

233411[/snapback]

This is like pulling teeth. Did you actually send any paperwork about this "new" divorce to USCIS or did you just speak to somebody on the phone?

 

I'm trying to see just how deep you are in this, so you can find a way to dig your way out.

[david_dawei]

It all seems to hinge on whether USCIS recognizes the timing of the divorce decree of the CLM as being "not free to marry" [for the second marriage in china]... Which so far is what I am hearing is the case.

 

[Or as mike is suggesting, did you actually ever show anything to USCIS or not? Is it marked in the case file based on the call? What evidence would they reject on?]

 

In the first case, the CLM final absolved, but left you on the books in china with wrongly executed marriage... thus the lawyer says the second one is "voidable"...

 

You've got to clearly understand from a lawyer familiar with immigration law as well, what exactly are your options.. but I remember the other link where frank's idea is that it's "may be better" to withdraw the current petition rather than have it closed out with a denial.. I'd ask a lawyer about this since timing might be of the essence.

Edited July 24, 2006 by DavidZixuan (see edit history)

[claves66]

Your saying as if they don't recognize the common law marriage but they recognize the final decree [of that common law marriage] as making you 'not free to marry' [for your second marriage in china] ??

233414[/snapback]

That is my thinking. So I am not sure what my status is. Am I married to my Chinese Wife? Are all the forms I filed worthless? Do I need to get married, again? Should I hope that NCIS will look and say OK common law, your good to go, your Chinese marriage is valid. (which I doubt)

 

In that case should I get remarried?

Should I just file a I-129f Fiance Visa? Asking to pull back the original paperwork?

Or just move to china and Ignore the NCIS. (wish I could get a good paying job there)

[Guest pushbrk]

It all seems to hinge on whether USCIS recognizes the timing of the divorce decree of the CLM as being "not free to marry" [for the second marriage in china]...  Which so far is what I am hearing is the case. 

 

[Or as mike is suggesting, did you actually ever show anything to USCIS or not?  Is it marked in the case file based on the call?  What evidence would they reject on?]

 

In the first case, the CLM final absolved, but left you on the books in china with wrongly executed marriage... thus the lawyer says the second one is "voidable"...

 

You've got to clearly understand from a lawyer familiar with immigration law as well, what exactly are your options.. but I remember the other link where frank's idea is that it's "may be better" to withdraw the current petition rather than have it closed out with a denial.. I'd ask a lawyer about this since timing might be of the essence.

233418[/snapback]

I'm thinking if he just keeps his mouth shut everything MAY be ok. Why would USCIS reject based on a marriage they don't recognize. I assure you the Chinese recognize his marriage to his new Chinese wife, 100%.

 

The issue is the visa petition. Only if actions have been taken that will cause it to be denied, is there any reason to DO anything, now. Then only with the full details can somebody advise appropriately.

[Guest pushbrk]

Your saying as if they don't recognize the common law marriage but they recognize the final decree [of that common law marriage] as making you 'not free to marry' [for your second marriage in china] ??

233414[/snapback]

That is my thinking. So I am not sure what my status is. Am I married to my Chinese Wife? Are all the forms I filed worthless? Do I need to get married, again? Should I hope that NCIS will look and say OK common law, your good to go, your Chinese marriage is valid. (which I doubt)

 

In that case should I get remarried?

Should I just file a I-129f Fiance Visa? Asking to pull back the original paperwork?

Or just move to china and Ignore the NCIS. (wish I could get a good paying job there)

233420[/snapback]

The next thing for you to do is answer the questions posed to you.

 

We do not have enough information to answer your questions.

[claves66]

Your saying as if they don't recognize the common law marriage but they recognize the final decree [of that common law marriage] as making you 'not free to marry' [for your second marriage in china] ??

233414[/snapback]

That is my thinking. So I am not sure what my status is. Am I married to my Chinese Wife? Are all the forms I filed worthless? Do I need to get married, again? Should I hope that NCIS will look and say OK common law, your good to go, your Chinese marriage is valid. (which I doubt)

 

In that case should I get remarried?

Should I just file a I-129f Fiance Visa? Asking to pull back the original paperwork?

Or just move to china and Ignore the NCIS. (wish I could get a good paying job there)

233420[/snapback]

I called and updated the case saying there was a typo, that I marked it single but I was married via common law. So I sent a copy of the Recipt of the i-130 and a copy of the "Divorce Decree" via mail. I called on the I-129F I sent after I got my reciept of the I-130. And then I was told that all my marriage was not valid. So if I just kept my mouth shut I might have been better off? What a dumbass....

Edited July 24, 2006 by claves66 (see edit history)

[david_dawei]

Your saying as if they don't recognize the common law marriage but they recognize the final decree [of that common law marriage] as making you 'not free to marry' [for your second marriage in china] ??

233414[/snapback]

That is my thinking. So I am not sure what my status is. Am I married to my Chinese Wife? Are all the forms I filed worthless? Do I need to get married, again? Should I hope that NCIS will look and say OK common law, your good to go, your Chinese marriage is valid. (which I doubt)

 

In that case should I get remarried?

Should I just file a I-129f Fiance Visa? Asking to pull back the original paperwork?

Or just move to china and Ignore the NCIS. (wish I could get a good paying job there)

233420[/snapback]

I called and updated the case saying there was a typo, that I marked it single but I was married via common law. So I sent a copy of the Recipt of the i-130 and a copy of the "Divorce Decree" via mail. I called on the I-129F I sent after I got my reciept of the I-130. And then I was told that all my marriage was not valid.

233423[/snapback]

So the decree is in the I-130 case now (you sent it by mail)... they have informed you that your chinese marriage was done at a time when you were "not free to marry", based on the date of the divorce decree of the CLM... This decree is done with, and for all intents purposes the CLM is over.

 

I'm not sure your case can be appealed in any way... I'm not sure if they send out an RFE for further explanation or just deny it or close it or what...

[claves66]

I sent it in without the official request. The case worker I spoke to on the phone for the i-130 did not say anything but put notes in the case to explain the error on my part. She said the case worked would look at it, and call me if they had any questions. I gave them my phone number. I have a tracking number for the update to my I-130. Now I called this AM to add the same notes to the I-129F and was going to send updated paperwork to them. At this point I was told on the phone that my VISA was going to be rejected. Because I was not free to marry. If I sound confused? I am.

[david_dawei]

I sent it in without the official request.  The case worker I spoke to on the phone for the i-130 did not say anything but put notes in the case to explain the error on my part.  She said the case worked would look at it, and call me if they had any questions.  I gave them my phone number.  I have a tracking number for the update to my I-130.  Now I called this AM to add the same notes to the I-129F and was going to send updated paperwork to them.  At this point I was told on the phone that my VISA was going to be rejected.  Because I was not free to marry.  If I sound confused?  I am.

233428[/snapback]

So this is the I-129F/K3 you talking about... They said this case would be rejected... right?

 

what about the I-130 ? Did this ever come up? Or suggest anything about that case?

 

[ok re-reading.. looks like both cases I-130 and I-129F know something is probably up]...

Edited July 24, 2006 by DavidZixuan (see edit history)

[david_dawei]

Here is an interesting link defining a common law marriage.

 

http://www.ncsl.org/programs/cyf/commonlaw.htm

 

There is no such thing as common-law divorce. Quoted from the

above link.

233415[/snapback]

The footnote also says the divorce can only occur by court order...

[Guest pushbrk]

I sent it in without the official request.?The case worker I spoke to on the phone for the i-130 did not say anything but put notes in the case to explain the error on my part.?She said the case worked would look at it, and call me if they had any questions.?I gave them my phone number.?I have a tracking number for the update to my I-130.?Now I called this AM to add the same notes to the I-129F and was going to send updated paperwork to them.?At this point I was told on the phone that my VISA was going to be rejected.?Because I was not free to marry.?If I sound confused??I am.

233428[/snapback]

So this is the I-129F/K3 you talking about... They said this case would be rejected... right?

 

what about the I-130 ? Did this ever come up? Or suggest anything about that case?

 

[ok re-reading.. looks like both cases I-130 and I-129F know something is probably up]...

233433[/snapback]

Ok, I talked to Steve on the phone and got the picture. Here it is in order.

 

Got certificate of marriageability from GUZ based on never married.

 

Married in China

 

Filed I-130 as Chinese beneficiary was first wife.

 

Got word the common law ex was filing for divorce to remove him as beneficiary to her 401k so soon to be husband could be added instead.

 

Got the decree in the mail

 

Called USCIS on the I-130 and told them the marriage was common law but that there was now a decree. He thinks they noted this to file as a typo. (never married should have been divorced etc.)

 

He sent a copy of the divorce decree to the service center processing the I-130.

 

In the meantime the I-129F is at NVC.

 

The only call about the I-129F did not reference the case. It was only speculation that the case would be rejected. Nothing was sent to NVC re: the divorce decree.

Edited July 24, 2006 by pushbrk (see edit history)

[esun41]

I went to us Consoluate and stated I was single.  Common law there is no official statement saying "I am married"  It's only after you get your final Decree that it's a marriage (this is from what I have gathered so far).   I was told on the phone two different things.  The final Decree from my Common law marriage was after my real marriage.    I do not have any paperwork saying it will be reject but the cas eoffice said I was not free to marry.  Ergo the marriage was not valid.

233406[/snapback]

so your saying that they don't recognize the common law marriage.. but once the final decree of the divorcee of that [common law] marriage is executed, they then recognize that you were married???

 

The marriage was not valid? the second one? Try to reference each marriage in some way each time .. my head hurts...

233409[/snapback]

My head hurts too... I was told by a legal aide friend of mine that common law marriages is only based upon assets (community property states) and only if contested. That may be why the USCIS doesn't recognize common law... (???)

 

I'm not a lawyer and would advise to keep consulting one. I would think this could be sorted out if patient and honest...

 

Good luck!!!